S T A T E   O F   N E W   Y O R K
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                                  4453

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced by M. of A. TOWNS, WALKER, ALFANO, KOLB -- Multi-Sponsored by
  --  M.  of  A. COOK -- read once and referred to the Committee on Ways
  and Means

AN ACT to amend the state finance law, in relation to  establishing  the
  witness protection fund and making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
89-h to read as follows:
  S  89-H.    WITNESS PROTECTION FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  THE
DEPARTMENT OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS
THE "WITNESS PROTECTION FUND".
  2.  THE  WITNESS PROTECTION FUND SHALL CONSIST OF: (A) FIVE PERCENT OF
ALL THE MONEYS RECEIVED BY THE STATE PURSUANT TO SECTION  60.35  OF  THE
PENAL  LAW  AND  FIVE  PERCENT  OF  ALL THE MONEYS RECEIVED BY THE STATE
PURSUANT TO SECTION EIGHTEEN HUNDRED NINE OF THE VEHICLE AND TRAFFIC LAW
FROM ANY COURT OF THE UNIFIED COURT SYSTEM OTHER THAN  TOWN  OR  VILLAGE
COURTS;
  (B) TEN PERCENT OF ALL THE MONEYS DEPOSITED TO THE CREDIT OF THE STATE
POLICE SEIZED ASSETS ACCOUNT IN EACH CALENDAR YEAR; AND
  (C)  ALL OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,
APPROPRIATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSU-
ANT TO LAW OR ANY OTHER MONEYS MADE AVAILABLE FOR THE  PURPOSES  OF  THE
FUND.
  3.  MONEYS  OF THE WITNESS PROTECTION FUND, FOLLOWING APPROPRIATION BY
THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET,  SHALL  BE
MADE  AVAILABLE  TO  THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR LOCAL
ASSISTANCE  SERVICES  AND  EXPENSES  OF  PROGRAMS  TO  PROVIDE   WITNESS
PROTECTION SERVICES TO WITNESSES OF CRIMES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01971-01-9

              

A. 4453                             2

  4.  THE  MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. AT THE END OF
EACH  YEAR,  ANY  MONEYS  REMAINING IN THE FUND SHALL BE RETURNED TO THE
FUND  AND  SHALL NOT REVERT TO THE GENERAL FUND. THE INTEREST AND INCOME
EARNED ON MONEY IN THE FUND, AFTER  DEDUCTING  ANY  APPLICABLE  CHARGES,
SHALL BE CREDITED TO THE FUND.
  S  2. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated to  the  witness  protection
fund,  established  pursuant to section 89-h of the state finance law as
added by section one of this act, out of any moneys in the state  treas-
ury  in  the  general fund to the credit of the local assistance account
not otherwise appropriated, for local assistance services  and  expenses
of  programs  to  provide  witness  protection  services to witnesses of
crimes.
  S 3. This act shall take effect immediately.